Dallas 2020 Construction Monthly
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Municipalities that are a certified local<br />
government under the National Historic<br />
Preservation Act or have an applicable<br />
landmark ordinance that meets Texas Historical<br />
Commission standards are not subject to the<br />
new law. Under the Texas Local Government<br />
Code, cities, such as <strong>Dallas</strong>, that meet these<br />
qualifications continue to have broad latitude<br />
to regulate the appearance of areas deemed<br />
to be historically, culturally or architecturally<br />
significant. Other exceptions, pertaining to<br />
outdoor lighting, were added to address concerns<br />
from military and scientific interests.<br />
Like many new laws, the exact parameters of HB<br />
2439 are not entirely clear and may not be until<br />
they are tested in the legal arena. Other than<br />
an aggrieved party filing suit, the law allows the<br />
attorney general to stop a violation or threatened<br />
violation and recover related attorney’s fees and<br />
court costs.<br />
The outright product mandates via zoning and<br />
PD are quite clearly not allowed. Less obvious<br />
is at what point a performance or installation<br />
standard becomes onerous enough that a<br />
product is essentially prohibited or limited<br />
and the law is invoked. For example, our area’s<br />
current energy code air leakage standard can be<br />
attained with foam or batt insulation. Making that<br />
more stringent would effectively mandate foam.<br />
The law also references aesthetic methods, so<br />
some think that may impact items such as garage<br />
locations and front facade projections. Code is<br />
largely silent on those, so they are likely outside<br />
the scope of HB 2439. Arm’s length development<br />
agreements and HOA restrictive covenants are<br />
also not covered. Quite a bit of these things will<br />
be negotiated contractually between parties.<br />
Many cities never enacted exclusionary<br />
restrictions on housing products yet still offer<br />
diverse neighborhoods and homes that are<br />
desirable and attainable. Now, these same<br />
choices are opening similar doors for thousands<br />
of families seeking access to great communities<br />
and schools.<br />
Read HB 2439 here:<br />
https://capitol.texas.gov/tlodocs/86R/billtext/<br />
html/HB02439F.htm<br />
https://capitol.texas.gov/tlodocs/86R/billtext/html/HB02439F.htm<br />
https://capitol.texas.gov/tlodocs/86R/billtext/html/HB02439F.htm<br />
Phil Crone, Executive Officer<br />
<strong>Dallas</strong> Builders Association<br />
5816 W. Plano Pkwy<br />
Plano, TX 75093<br />
https://dallasbuilders.com/<br />
booth #925<br />
Register for Phil Crone’s Keynote Presentation<br />
Housing Affordability Challenges and Solutions for DFW<br />
- Thursday, 12:00pm to 1:00pm<br />
SPECIAL DALLAS SHOW EDITION <strong>2020</strong> 9